by Ken Alexander

Created on: May 26, 2008

Let me put this in simple terms. America's laws of justice are as good as any other. It reflects our (American) values and ideas of how society should relate together. However, the legal system aspires to deliver justice but in reality does not accomplish its goals.

As an attorney in criminal justice for many years, I had the opportunity to observe the administration of justice firsthand. I remember we always told our clients that "if you are looking for justice in a courtroom, you won't get it". What you get in a courtroom are human attempts to apply the existing law, good or bad. "Justice" differs from courtroom to courtroom, jury to jury. It is clearly influenced by the political concerns of the decision maker(s). Most judicial officers are appointed rather than elected. This means they must be well politically or they will not be appointed. The appointments are not by merit judged objectively, but more about how a particular Judge will vote in accordance with the philosophy and ideals of the appointer.

Judges are also much concerned with the continuation of their jobs. After being appointed, they are up for election in usually 6 years. If there are no major screw-ups, and the Judge stays within the reasonable expectations of the he/she will likely run unopposed and be reelected. If a Judge deviates from normally accepted societal behavior, he/she will attract attention and be exposed to allegations of incompetence, activism and the like. A Judge is "very conscience of this when rendering decisions.

A majority of Judges, on all levels, started out practicing law as prosecutors, hard line enforcers of the law, prosecuting every case unless its clear they won't win. And justice is all about winning. that's what defines lawyers, prosecutor and defense alike. The law says a prosecutor is the has a legal and moral duty to decide if a case rates prosecution or not. Bur that's not how it works. However prosecutors who have "put in their time" as District attorneys and ascend to the bench with their pro-prosecution in tact. The public likes the "tough on crime" mentality, sometimes irrespective of the evidence. And if you are tough on crime, you will likely be appointed or reelected.

Therefore the predilection of the Judge, and the possible political and societal fallout greatly influences his decisions when seen in a panorama of his career. Most Judges are to egotistical to admit this, but then they cannot be too good at psychological investigation in this world of

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